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Resist the Siren’s Call of ’Originalism’
Bloomberg.com, by Cass R. Sunstein

Original Article

Posted By:addicted_to_coffee, 2/6/2014 12:31:16 PM

“Originalism” is an influential theory of constitutional interpretation. In the 1960s, Supreme Court Justice Hugo Black, a prominent liberal, marched proudly under the originalist banner. In the modern era, originalism is championed by Justices Antonin Scalia and Clarence Thomas, the court’s most conservative members. In its least attractive form, practiced by politicians rather than judges, originalism is ideological posturing with a constitutional veneer -- a naive or cynical way of attributing the views of the current political right to the Constitution’s ratifiers. But for all those who seek to restrain judicial power, originalism should be attractive. At the same time, the

Comments:
What these people never seem to understand is that the originalists recognize that the U.S. Constitution has built in provisions to make modifications.

      


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Reply 1 - Posted by: Zarin, 2/6/2014 12:33:20 PM     (No. 9721876)

Sunstein and his brother are wrong & truly evil.


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Reply 2 - Posted by: jlw509, 2/6/2014 12:49:59 PM     (No. 9721897)

This is Cass Sunstein of "Nudge" fame (and yes, you should get the book.)

He thinks the purpose of government is to manipulate people´s choices so pervasively and so subtly that they think they are actually shaping own destiny in freedom, when actually they are being led by the experts, keepers and capos through a menu of pre-approved options.

For your own good.

As Daniel Webster said, "They promise to be good masters, but they mean to be masters."

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Reply 3 - Posted by: Northcross, 2/6/2014 12:52:50 PM     (No. 9721901)

The "siren´s call" is not from the founders or the originalists, it is from the flaming liberal academics like Sunstein who promise a socialist utopia with the government providing for all.

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Reply 4 - Posted by: whyyeseyec, 2/6/2014 12:54:23 PM     (No. 9721904)

All I can add to this idiot is F you, Sunstein.

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Reply 5 - Posted by: SpeedMaster, 2/6/2014 12:55:30 PM     (No. 9721906)

FTA There’s also a good argument that our property rights would be far less secure, because history suggests that the founding generation might well have had a pretty narrow understanding of such rights.

Pure BS

I guess you need a Harvard Law degree to know what such things as "Congress shall make no law" and "Shall not be infringed" are subject to interpretation.

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Reply 6 - Posted by: chumley, 2/6/2014 12:56:35 PM     (No. 9721908)

So according to this filthy communist, the constitution means nothing whatsoever, and we are far better off using the trends of the day as governing principles.
Yup. This is one of Zero´s heroes.

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Reply 7 - Posted by: Heil Liberals, 2/6/2014 12:58:58 PM     (No. 9721912)

The founders did address it. They are called the 9th & 10th Amendments.

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Reply 8 - Posted by: absalom, 2/6/2014 1:44:24 PM     (No. 9721965)

Our Founders, who witnessed the French Revolution, understood, in their wisdom; the corrosive impact it had on order and tradition. As such the governing principles they created, rejected all radicalism. Sunstein is an amalgam of the unhinged Jacobin firebrand, Louis St. Just and the Bolshevik ranter, Leon Trotsky; both relentlessly preached revolution as the path to paradise on earth. Ironically both were executed by the very forces they helped set motion.

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Reply 9 - Posted by: Griller1, 2/6/2014 1:56:36 PM     (No. 9722000)

Whatever Cass Sunstein says, I would take with several grains of salt. He´s not a friend of the constitution, in spite of the fact that his name is on the side of the ConLaw textbook. He´s not to be trusted by anyone who loves the traditions of the United States.

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Reply 10 - Posted by: reilly, 2/6/2014 1:58:51 PM     (No. 9722007)


Folks, just allow Sunshine to screw up everything, to hell with the past.


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Reply 11 - Posted by: shmowry1, 2/6/2014 2:01:26 PM     (No. 9722014)

Hogwash. Author is simply attempting to poke holes in our Republic´s veneer. Not trying to add to it, merely trying to pull out all the threads until the whole thing falls apart, so then they can turn around and say, see I told you. Scholastically veiled attempt to say that they know better than those that came before us. Truly great individuals, Sunstein, stand on the shoulders of the ones that came before them. They don´t punch them in the gut and push them to the ground.

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Reply 12 - Posted by: Whamdbambam, 2/6/2014 2:14:20 PM     (No. 9722030)

That´ll be a heckuva legal system, "Let´s just ignore the original meaning of the words and infuse them with whatever meaning we like."

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Reply 13 - Posted by: BaseballFan, 2/6/2014 2:17:01 PM     (No. 9722033)

Or, we could heed the Obama Call of ´Ignoritism´.

/contempt & sarcasm off/

What OP said.

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Reply 14 - Posted by: heartlandconservative, 2/6/2014 2:18:02 PM     (No. 9722036)

Sunny has never,repeat never had an original idea, or thought for that matter. His entire bag of knowledge was fill by somebody with a small brain. Small bag too.

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Reply 15 - Posted by: msjena, 2/6/2014 2:26:49 PM     (No. 9722053)

Originalism doesn´t ignore amendments, like Sunstein seems to be saying. Under the 14th amendment, states cannot discriminate based on race and the language, which is not specific to race, has been applied to prohibit discrimination based on gender and religion.

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Reply 16 - Posted by: nerdowell, 2/6/2014 2:34:58 PM     (No. 9722068)

Sure, abolish the Constitution.

You also abolish the legal justification for union.

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Reply 17 - Posted by: Avanti1, 2/6/2014 2:37:01 PM     (No. 9722070)

What a bunch of claptrap from Sunstein!

He says "Originalists insist that the meaning of the Constitution is settled by the original public meaning of its terms -- that is, the meaning of its provisions when they were ratified."

What REALLY happened is that the Constitution became law with the approval of the American people and American citizens agreed on the meaning of each of the amendments through their elected representatives in the US Congress and the state legislatures. American citizens are cut out of their approval role if unelected judges are allowed to invent meanings after-the-fact.

If times change significantly, amendments should go through the process defined in the Constitution to allow full debate and approval by American citizens, not elitist judges. After all, the Constitution was amended TWICE over such a significant issue as legal alcohol!

Power to the people!

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Reply 18 - Posted by: John c, 2/6/2014 3:01:10 PM     (No. 9722108)

And his lovely wife, Samantha Power is ambassador to the UN, representing our interest/s.

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Reply 19 - Posted by: LouD, 2/6/2014 3:22:09 PM     (No. 9722125)

Someday it wouldn´t surprise me if quite a number of people got angry with being taxed without representation, and would revolt against their masters and found a new country, with freedom for all. What? It´s already been done? Perhaps it´s near that time when people are going to revolt against the oppressive leaders we have now, and will have a constitution that won´t leave anything to false "interpretation".

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Reply 20 - Posted by: belwhatter, 2/6/2014 4:34:32 PM     (No. 9722221)

Appointed to high office by The One , outed by Glenn Beck 3 or 4 years ago as dangerous as in communist and evil - that´s our little boy Cass for you.

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